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Socialista, Tembang Merah Sunny
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Law, Crime, Criminology & Criminal Justice

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Pengaruh Labelisasi Hak Pengelolaan Terhadap Eksistensi Hak Ulayat Masyarakat Hukum Adat Fernando, Dadang; Nur Aisah, Laily; Socialista, Tembang Merah Sunny
Law, Development and Justice Review Vol 8, No 2 (2025): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.8.2025.106-125

Abstract

This study aims to analyze the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, which has caused pros and cons in society. Specifically, this study discusses the existence of customary law communities from a normative perspective and the labeling of HPL on customary rights of customary law communities and analyzes the legal consequences of granting HPL to customary law communities over customary rights. This study uses a juridical-normative method. The results of the study conclude that the constitution recognizes the existence of customary law communities along with the customary rights of customary law communities. Regulation of the Minister of ATR/BPN Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, although it has provided space for customary land registration, has not provided adequate legal protection for customary law communities in the process of granting Management Rights (HPL). Normative ambiguity and the lack of fair and participatory conflict resolution mechanisms are the main challenges. Therefore, there is a need for revision and strengthening of regulations.
Keabsahan Sertipikat Hak Tanggungan Elektronik dalam Prospek Pejabat Pembuat Akta Tanah Socialista, Tembang Merah Sunny; Putri, Arsella Imanda; Fernando, Dadang
Law, Development and Justice Review Vol 8, No 1 (2025): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.8.2025.20-36

Abstract

The policy on Electronic Mortgage Rights (HT-el), brings a series of legal consequences, where the Mortgage Right certificate was originally in physical form with the HT-el policy, the certificate is issued in electronic form. The HT-el policy also has legal implications in relation to the authority of the Land Deed Making Officer (PPAT) in Indonesia. Based on these problems, this study aims to analyze the validity of the mortgage certificate issued by the National Land Agency (BPN) in the HT-el policy procedure and its consequences for the prospects of PPAT. This study will examine the regulation of the electronic mortgage policy still using APHT which is made conventionally by PPAT with a digital signature, which is then scanned and the scan results are used by the land office to make and issue mortgage certificates to the public. In addition, this study will also discuss the prospects of PPAT in the form of challenges and opportunities faced as a result of the HT-el policy. The results of the study indicate that the HT-el policy requires improvement to ensure the validity of the mortgage certificate to provide legal certainty to the public, as well as to protect the interests of the parties involved.
Co-Authors Fernando, Dadang Nur Aisah, Laily Putri, Arsella Imanda